Fabian v. Hospital of Central Connecticut
172 F. Supp. 3d 509
D. Conn.2016Background
- Dr. Deborah Fabian, a transgender woman orthopedic surgeon, alleges she was effectively offered an on-call ED surgeon position at the Hospital of Central Connecticut (HCC) through a staffing intermediary (Delphi), executed a contract with a start date, and relied on the hire (sold her home), but HCC rescinded after she disclosed her transgender identity.
- Fabian sued under Title VII and the Connecticut Fair Employment Practices Act (CFEPA); HCC moved for summary judgment on Counts Three and Four (Title VII and CFEPA claims against HCC).
- HCC defends that (1) nondiscriminatory interview impressions (reluctance about late-night calls/EMR, desire to do more surgery) motivated the decision, (2) Fabian would have been an independent contractor (not an employee) and thus outside Title VII/CFEPA, and (3) Title VII (and, at the time, CFEPA) did not prohibit discrimination based on transgender identity.
- The court applied McDonnell Douglas burden-shifting and found Fabian made a prima facie failure-to-hire case (protected class, qualified, denied job, circumstances permitting inference of discrimination).
- On summary judgment the court held genuine factual disputes exist as to HCC’s proffered nondiscriminatory reasons and whether the relationship would have been covered employment; the central legal question was whether discrimination on the basis of transgender identity falls within Title VII’s prohibition "because of sex."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fabian made a prima facie Title VII failure-to-hire case | Fabian says she was effectively hired, relied to her detriment, then not hired after disclosing transgender status | HCC says interview concerns (late-night calls, EMR, desire for more surgery) justified non-hire | Fabian established a prima facie case; factual disputes make summary judgment inappropriate on pretext question |
| Whether the position would be covered employment under Title VII/CFEPA (employee v. independent contractor) | Fabian argues hospital exercised sufficient control and integration for employee status | HCC argues doctors would be independent contractors through Delphi | Court: disputed; Reid factors weigh toward employee when construed for nonmovant; summary judgment denied on this ground |
| Whether Title VII prohibits discrimination based on transgender identity | Fabian: discrimination based on transgender identity is discrimination "because of sex," including gender nonconformity (Price Waterhouse) | HCC: "sex" in Title VII only covers male/female, not transgender status (traditional/plain meaning) | Court held discrimination against transgender persons is discrimination "because of sex" under Title VII (gender stereotyping and related doctrines) |
| Applicability of CFEPA as it then stood | Fabian: CFEPA parallels Title VII and covers sex-based discrimination including gender identity | HCC: Connecticut law did not then explicitly include gender identity | Court treated federal precedent as guiding CFEPA and concluded pre-2011 CFEPA could cover gender identity via plain language; summary judgment denied |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden allocation)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for disparate treatment)
- Community for Creative Non-Violence v. Reid, 490 U.S. 730 (common-law agency test for employee v. independent contractor)
- Price Waterhouse v. Hopkins, 490 U.S. 228 (gender stereotyping is sex discrimination)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (statutory scope can reach harms beyond principal legislative concern)
- Eisenberg v. Advance Relocation & Storage, Inc., 237 F.3d 111 (Second Circuit on employee v. independent contractor using Reid factors)
- Salamon v. Our Lady of Victory Hosp., 514 F.3d 217 (physician employee-status factual inquiry)
- Vivenzio v. City of Syracuse, 611 F.3d 98 (elements of prima facie failure-to-hire case)
- Schwenk v. Hartford, 204 F.3d 1187 (Ninth Circuit recognizing Price Waterhouse's abrogation of earlier transgender rulings)
- Smith v. City of Salem, 378 F.3d 566 (Sixth Circuit: transgender discrimination as sex discrimination)
- Glenn v. Brumby, 663 F.3d 1312 (Eleventh Circuit: discrimination against transgender persons is sex discrimination)
- Ulane v. Eastern Airlines, 742 F.2d 1081 (Seventh Circuit held Title VII did not cover transgender status)
- Etsitty v. Utah Transit Authority, 502 F.3d 1215 (Tenth Circuit maintaining narrow view that Title VII does not cover transgender status)